Sec. 25-57(1). License authorized. A license to permit the placing of flower pots, tree pots or planters and other objects of beautification upon the public sidewalks may be issued upon the terms and conditions hereinafter prescribed and upon such specific terms and conditions as are required in writing by the director of public works.
Sec. 25-57(2). Application for license, approval, disapproval. The applicant will submit a written application upon a form to be supplied by the office of the director of public works. The director of public works will then approve or deny such application. If denied, the applicant may request a review of such denial by the city manager. The mayor and council may, if it so desires, exercise the power of review as to all matters herein described, and its decision shall be final.
Sec. 25-57(3). Issuance of license. Upon approval of the proposed plan, a license for such use will be issued by the director of public works.
Sec. 25-57(4). Revocation of license. If, at any time hereafter, any portion of the sidewalk occupied and used by the licensee may be needed or required by the city, or if the licensee fails to maintain such use as hereinafter prescribed and as prescribed by such specific terms and conditions set forth by the director of public works, any license granted pursuant to this section may be revoked by the city, and all right thereunder terminated. The licensee shall and will promptly remove all property belonging to the licensee from the sidewalk area upon receipt of written notice of revocation. If removal is not accomplished by the licensee within a reasonable time, the city will cause such flowers or trees or other items to be removed and stored, and the cost thereof shall be charged to the licensee.
Sec. 25-57(5). Terms and conditions. No license shall issue except under the following general terms and conditions:
(a) The applicant has filed the proper form with the office of the director of public works.
(b) The applicant must maintain at all times public liability insurance in amounts not less than:
Public liability and bodily injury--Each person $20,000.00, each accident $50,000.00; and
Property damage, each accident $1,000.00, aggregate $10,000.00;
to indemnify the city against all claims for damages which may result from the installation, maintenance and use of such flower pots and tree pots or planters, or other objects of beautification. Satisfactory evidence of the policy shall be filed with the director of public works of the city.
(c) The applicant shall furnish all such flowers, trees and containers and bear the cost of installation, maintenance and repair thereof, according to the directives of the director of public works.
(d) The director of public works shall exercise supervision of all requirements as to size, type, maximum and minimum heights, watering and upkeep, of such flowers and trees; color, type of construction, location upon the sidewalk area and spacing of the pots or planters and other related particulars of such flowers, trees and containers.
(e) All applications, whether approved, denied or revoked, shall be filed with the office of the director of public works.
(1953 Code, ch. 24, § 12a; Ord. No. 2042, § 1, 3-20-61)